Terms & Conditions

These terms and conditions (“Terms”) is a legal contract between Neko Health Inc., (“Neko Health”, “we”, “us”, or “our”) and you (“you” or “your”).  The Terms, together with our Privacy Policy, explain how you are permitted to use the services provided via Neko Health’s website, nekohealth.com, as well as websites owned or operated by Neko Health and/or its affiliated entities which, are collectively referred to herein as the “Website” and our mobile applications (the “Mobile Applications”). The Website and Mobile Applications are collectively referred to herein as the “Platform”.  These Terms govern your use of all the text, data, information, software, graphics, photographs, proprietary content and other materials (all of which we refer to as “Materials”) that we and/or our affiliates may make available to you, as well as any services we may provide through our Platform. Collectively, the Platform, Materials, and services provided herein are referred to as the “Service”.

The Service is operated by Neko Health, its affiliates, and its affiliated Clinics (defined below). Neko Health is a business support services entity providing administrative, technological, and business support services to affiliated and/or contracted medical professional entities (“Professional Services Corporations”) which operate at various locations (each such location a “Clinic” and collectively, the “Clinics”). You may use the Service to sign up to be on one or more of the Clinics’ waitlists to receive health examination and risk assessment services offered and provided at the Clinics. All clinical and healthcare services are provided at the applicable Clinics and are provided in the licensed healthcare provider’s sole and exclusive discretion. Any provision of, and your use of, clinical or healthcare services provided at the Clinics shall be governed by the Medical Terms of Service. Please read the Medical Terms of Service carefully before using such clinical or healthcare services. Personal information, including health information obtained in connection with your use of the Service may be shared with the Professional Services Corporations, Clinics and affiliated Neko Health entities in accordance with data sharing agreements and applicable law, as further described in our Privacy Policy.

THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY.  THESE TERMS ALSO CONTAIN A CONSENT TO ELECTRONIC COMMUNICATIONS.

READ THESE TERMS CAREFULLY. USING THE SERVICE INDICATES THAT YOU BOTH  HAVE READ AND ACCEPT THESE TERMS. YOU CANNOT USE THE SERVICE IF YOU DO NOT ACCEPT THESE TERMS.

We may alter, modify, suspend, or discontinue any part or all of the Service we offer you at any time and without notice. We may also change or update provisions of these Terms from time to time. The effective date of the Terms will be shown next to “Last Updated” at the top of this page. We will post updated Terms on the Platform and encourage you to periodically review these Terms to ensure that you stay up-to-date.

If you object to any such modifications, your sole recourse shall be to cease using the Service. Continued use of the Service following notice of any such changes indicates you acknowledge and agree to be bound by them. These Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Platform (including on the websites or apps of our partners or affiliates). Such expressly designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

THE USE OF OUR SERVICE IS NOT APPROPRIATE FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.

The Services are intended to complement your regular healthcare and are not intended to replace regular visits to healthcare providers for medical advice or information on diagnosis and treatment. Do not postpone seeking medical advice because of the Services. In case of urgent problems, you must seek emergency care.

You may use our Service to sign up for health examination and risk assessment services from our clinical teams working at our affiliated or contracted Clinics. While the Service allows you to sign up for an opportunity to receive health examination and risk assessment services at the Clinics, Neko Health does not provide medical services, advice, diagnosis, or treatment. Any patient/provider relationship created as a result of your use of the Service is solely between you and the applicable Clinic and shall not be between you and Neko Health.  We are independent from the Clinics. Using, accessing, and/or browsing the Platform or providing personal medical history does not create a physician-patient relationship between you and us, or any of our employees or contractors. We are not responsible for the CLINICS’ (and the clinics’ healthcare providers’) acts, omissions, or for any content of the communications made by them.  WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MEDICAL ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES, OR PRODUCTS THAT YOU MAY AND/OR DO OBTAIN BY USING THE SERVICE TO SIGN UP FOR HEALTH EXAMINATION AND RISK ASSESSMENT SERVICES FROM OR THROUGH THE CLINICAL TEAMS WORKING AT ONE OF OUR AFFILIATED CLINICS.

If you use the Service to sign up for health examination and risk assessment services, you may be asked to provide information about your health, medical history and lifestyle. Any information that you disclose will be handled in accordance with data sharing agreements, applicable law, and our Privacy Policy. You will be asked to confirm that you have provided correct and complete information and that the conditions for us to perform the Service are met. Providing this information is required to register for health examination and risk assessment services through the Clinics. Neko Health and the clinical teams working at the Clinics reserve the right to refuse to perform the Service if the information requested is not provided or is inaccurate.

We aim to keep the Service functional and available, but features of the Service may change and you understand that we do not guarantee any particular functionality or availability. If you believe we have failed to meet our obligations, notify us promptly in writing at hello@nekohealth.com, clearly describing the issue. If it is an error we are responsible for, we will correct it or take other appropriate remedial action, as we determine.

We may modify, suspend or discontinue the Service at any time. We will try to give advance of this when reasonably possible. We may need to cancel an appointment or terminate your access to the Services. We will provide information about this in writing.

By using the Service, you promise that you are at least 18 years of age. As a condition to use of the Service, you agree that you will not use the Service in a manner inconsistent with (i) this Agreement, or (ii) any and all applicable laws and regulations.

License. Subject to your compliance with these Terms, including your payment of any applicable fees, we grant you a limited, personal, non-exclusive and non-transferable license to use the Service. You should not consider content on the Service to be medical advice. You have no other rights in the Service or any Materials, and you may not modify, edit, copy, reproduce, publicly display, create derivative works of, reverse engineer, alter, enhance, or in any way exploit the Service or any of the Materials in any manner.

Upon your breach of any of these Terms, your license to use the Service will automatically terminate and You must immediately cease using the Service including any Materials.

Accounts. You need not register with us to simply visit and view the Service.  However, to access certain password-restricted areas and Materials, you must create an account with us (an “Account”). To register, you must submit all of the information required on the account registration page on the Service.  You agree to keep your Account information true, accurate, current, and complete, and to update it promptly if it changes.

You may not transfer or share your Account password, create more than one Account or create an Account for someone else without their permission. You are responsible for maintaining the confidentiality of your password, all activities that occur under your Account, complying with these Terms when you access and use the Service, and for obtaining and paying for all equipment and services needed for you to access and use the Service.   If you suspect any unauthorized access or security breach, notify us immediately. We are not be liable for any losses resulting from unauthorized use of your Account, whether or not you were aware of it.

You agree to pay any fees applicable to using of the Service, including charges applicable to reserving Clinic appointments through the Service, and charges for care and treatment provided to you at the Clinics, plus taxes and any late fees. Such fees and charges (including any taxes and late fees) may be charged to the payment method you provided during the initial setup of your Account. You agree to maintain valid payment information in your Account. By providing us with your payment information, You authorize us (or the payment processor, Stripe - see Stripe’s privacy policy at https://stripe.com/en-de/legal/privacy-center) on behalf of the Clinics to bill and charge such fees and charges (including any taxes and late fees) to your credit card, insurance, or other payment method provided during Account setup. You must keep valid payment information on file. Available payment options appear when you connect to the payment service. Refunds are issued to the original payment method and may take up to 15 days to appear in your Account.

From time-to-time, we may issue "Invitation Codes" that allow you to book an appointment for the Services and/or receive a discount on eligible services. Depending on the kind of Invitation Code, the Services may be free of charge or discounted for the recipient of the Invitation Code. The number of times that can be booked via an Invitation Code may be limited and additional conditions may apply. Invitation Codes have no monetary value and cannot be exchanged for cash, other services or compensation. We reserve the right to withdraw or invalidate an Invitation Code at any time and without prior notice.

We may suspend or terminate your access to the Service if your payment method cannot be processed.  We also reserve the right to reject payment for any reason at any time. By providing a payment method, you expressly authorize us and/or our third-party payment processor to charge all applicable fees, taxes, and related charges to that payment method based on the services you use.  Unless otherwise stated in these Terms or on the Service, payment obligations are non-cancelable, and fees paid are non-refundable. You may cancel or reschedule an appointment through your Account. If you do so, at least twenty-four (24) hours before the scheduled appointment, you will receive a full refund. If you cancel later, fail to show up, you will be charged the full amount. If you arrive late for your booked appointment, please be aware that, as bookings are time restricted, we reserve the right, to limit or decline to provide all or part of the Services. Depending on the extent of the delay we may at our discretion offer you the opportunity to reschedule at no additional charge. You agree that we may charge any unpaid amounts to your provided payment method and/or bill you directly.

Financial Responsibility.  By agreeing to these Terms, you give us permission to charge your credit card for all charges associated with booking appointments including, without limitation, any care or services conducted by Clinics for which we furnish administrative or other support services. You agree that you are financially responsible for any and all amounts less amounts that we actually receive from your insurer for such session or services. I HAVE READ AND UNDERSTAND MY FINANCIAL RESPONSIBILITY AND ACCEPT FULL RESPONSIBILITY FOR PAYMENT OF ANY FEES DUE TO US OR ANY PROFESSIONAL SERVICE CORPORATION OPERATING AT A CLINIC TO WHOM WE FURNISH ADMINISTRATIVE OR OTHER SUPPORT SERVICES.

Customer satisfactionguarantee. Regarding Neko Scan, if you are not fully satisfied with the Services for any reason, you cannotify us in writing within 7 days of the Services being performed and we will make a full refund.

By sharing your information with us, you agree that Neko Health may send you certain recurring communications by email, SMS/text message, and push notification in the Mobile App. By sharing your telephone number with us (and consenting to Neko Health’s marketing-related SMS/text messaging service, if you’ve done so as well), you agree to receive recurring SMS/text messages from and on behalf of Neko Health through your wireless provider to the mobile number you provided. These communications may include information about your waitlist status and account, service updates and announcements, and, if you’ve consented to receive them, marketing messages about Neko Health.

Where required by applicable law, certain communications, such as SMS/text messages, will only be sent with your prior consent, which we will collect separately where needed. This includes SMS and/or MMS messages sent through an automated telephone dialing system to the mobile number associated with your account, even if you have opted in to the National Do Not Call List, any state Do Not Call List, or the internal Do Not Call List of any company. Your consent to receive marketing SMS/text messages is not a condition of purchasing any goods or services, and you are not required to receive text messages to use our services. However, you may be required to respond to an initial message to confirm enrollment.

We send two categories of messages: (i) transactional, including waitlist and booking updates, appointment confirmations and reminders, account and security alerts, medical team communications, and billing notifications; and (ii) marketing, including news, offers, promotions, referral program updates, and wellness content, which are sent only where you have provided separate express written consent. Your mobile carrier's standard message and data rates apply to all messages sent and received, including confirmations. Message frequency will vary.

You can opt out of marketing communications at any time by following the unsubscribe link in any message or by updating your notification preferences in your account settings. Please refer to our Privacy Notice for more information about how we collect, use, and disclose your personal information. To opt-out of text messages, you can also text STOP in reply to any message, after which you will receive a final confirmation text. Text HELP for support.

The Service may contain links to third-party websites or apps.  If you use these links, you will leave our Service. We are not obligated to review any third-party websites that you link to from the Service, we do not control any of the third-party websites, and we are not responsible for their content, products, services, privacy practices or terms. You access any linked third-party websites entirely at your own risk and must follow its terms and privacy policy.

We may enable you to connect your account with certain third-party services, applications, or platforms, including, in particular, wearable devices and related services (such as fitness trackers, smartwatches, and other health-monitoring technologies), as well as other external providers (collectively, “Third-Party Services”). Where such functionality is available, you may choose to link your accounts and import data from these Third-Party Services into the Service. This may include, without limitation, health and activity data, or other personal information (collectively, “Third-Party Data”).

By connecting a Third-Party Service, you authorize us to access, retrieve, process, and display such Third-Party Data within the Service. This functionality is intended to allow you to view and manage your data in one place, to enable relevant clinicians at Clinics to access and review such data in connection with services provided to you, and to allow AI Chat to use such data as described in Section 11.

You acknowledge and agree that Third-Party Services are not owned or controlled by us, and we are not responsible for their availability, functionality, or security, nor for the accuracy, integrity, or reliability of any Third-Party Data. Your use of Third-Party Services is governed by the terms and privacy policies of those third parties.

We do not verify or independently validate Third-Party Data. Such data may be incomplete, delayed, inaccurate, or presented out of context. Any visualizations, summaries, analyses, or other outputs generated within the Service (including by AI Chat) based on Third-Party Data are provided for general educational and informational purposes only and do not constitute medical advice.

You are solely responsible for ensuring that you have all necessary rights, permissions, and consents to connect Third-Party Services and to import and use Third-Party Data within the Service.

You may use the Service only for individual, personal and consumer purposes (“Permitted Purposes”).  Any other use is prohibited and, therefore, constitutes unauthorized use of the Service.  This is because as between you and us, all rights in the Service remain our property.

Unauthorized use of the Service may result in violation of various United States and international copyright laws.  Unless we give you prior written permission you may not (these are examples only and the list below is not a complete list of everything that you are not permitted to do):

You agree to hire attorneys to defend us if you violate these Terms and that violation results in a problem for us.  You also agree to pay any damages that we may end up having to pay as a result of your violation.  You alone are responsible for any violation of these Terms by you.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

"Neko Health" and other trademarks, names and logos including Neko Health AB belong to us. Other trademarks, names and logos on the Service are the property of their respective owners.

Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Service are our sole property, Copyright © Neko Health AB 2026.  All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

THE SERVICE (INCLUDING ALL MOBILE APPLICATIONS, WEBSITES, MATERIALS AND SERVICES) IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE IS WITH YOU.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SERVICES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SERVICE IS FREE OF PROBLEMS.  Without limiting the generality of the foregoing, we make no warranty that the Service will meet your requirements or that the Service will be uninterrupted, timely, secure, or error free or that defects in the Service will be corrected. We make no warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service. No advice or information, whether oral or written, obtained by you through the Service or from us or our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.

We provide AI Chat, a generative AI-powered chatbot that responds to the prompts, questions, requests, or other inputs you submit (collectively, “User Inputs”). Based on those User Inputs, AI Chat produces outputs, replies, and informational content intended to offer general educational information and contextual guidance (each, an “Output” and collectively, “Outputs”). All such Outputs constitute “Materials” as defined hereinabove.

AI Chat operates using advanced computational systems and machine learning technologies, including third-party software, models, and processing infrastructures (collectively, the “AI Systems”), which are used to interpret User Inputs and generate Outputs. When you activate or use AI Chat, you consent to the AI Chat accessing, using, and processing your information. This may include User Input, Output and personal information, medical records, scanning data and results, questionnaire responses, transcripts of consultations with clinicians, profile information for the purpose of generating Outputs, operating the service, and as otherwise described herein.

You understand that this level of access is necessary for AI Chat to function. You may disable such access at any time through your account settings, but understand that will prevent the AI Chat from functioning. By continuing to use AI Chat, you also consent to the sharing of relevant information with the AI Systems processing your interactions as part of the service.

You represent that you are not using AI Chat to obtain medical care, diagnosis, or treatment. As a condition of use, you agree not to (and not to allow any third party to) submit information or use AI Chat in a manner that that conflicts with these Terms (including but not limited to clause 7 above) or that (a) violates the privacy or rights of others, including by submitting content without appropriate consent, (b) includes explicit, obscene, or graphic content, including pornography or extreme violence, (c) creates or contributes to a risk of harm, including physical injury, emotional distress, or damage to persons, animals, or property, (d) discloses confidential, proprietary, or otherwise restricted information without authorization, (e) harms or exploits minors, or involves attempts to obtain information from minors, (f) attempts to re-identify or otherwise uncover the identity of any anonymous individual;(g) constitutes or facilitates the provision of clinical or medical services, or (h) includes protected health information or other sensitive personal data in violation of applicable laws or regulations.

Outputs are generated automatically based on the User Inputs and other information made available to AI Chat. As such, they are provided “as is” and may contain errors or omissions. You are responsible for reviewing and evaluating all Outputs before relying on them.

AI Chat does not guarantee accuracy, completeness, or suitability for any purpose, and it should not be relied upon without independent verification. You remain solely responsible for your decisions, actions, and compliance with applicable laws and regulations.

To the fullest extent permitted by law, you agree to release and indemnify us from any claims arising out of or related to your use of AI Chat or reliance on any Outputs.

You acknowledge that artificial intelligence technologies continue to evolve and may be subject to changing legal and regulatory requirements. We do not guarantee that AI Chat or your use of it will comply with all current or future laws.

Finally, we do not endorse or assume responsibility for any opinions, information, or other output generated through AI Chat. You are responsible for determining whether any Output is appropriate for your specific needs.

WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL COMPANY’S LIABILITY EXCEED THE GREATER OF $100 AND THE AMOUNTS YOU PAY THE COMPANY FOR USE OF, OR IN CONNECTION WITH, THE SERVICE. 

We control and operate the Service from our headquarters in the United States of America and the entirety of the Service may not be appropriate or available for use in other locations.  If you use the Service outside the United States of America, you are solely responsible for following applicable local laws. OUR SERVICE IS INTENDED TO BE OFFERED IN THE UNITED STATES AND NOT IN ANY OTHER JURISDICTION. IF YOU ARE LOCATED OUTSIDE OF THE UNITED STATES, DO NOT USE THE SERVICE.

Any submissions you provide (including comments, suggestions, ideas, or other materials, “Feedback”) are non-confidential and non-proprietary and shall be deemed “Materials” (as defined above), with all related rights, licenses, and permissions under these Terms applying. Except where prohibited by law, you assign to us all right, title, and interest in such Feedback, and we may use and exploit it for any purpose without attribution or compensation. Where such assignment is not permitted, you grant us an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use the Feedback at our sole discretion. We are not obligated to use any Feedback.

This section of the Terms (henceforth referred to as “Arbitration Agreement”) facilitates the prompt and efficient resolution of any Disputes (as defined below) that may arise between you and us. Arbitration is a form of private Dispute resolution in which parties to a contract agree to submit their Disputes and potential Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial.

Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you might otherwise have a right or opportunity to bring your claims in a court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited.

For purposes of this Arbitration Agreement, the term “Neko Health” means Neko Health Inc. and any of its parent companies or organizations, subsidiaries, affiliates, and each of their managers, owners, officers, directors, employees, or agents. The term “Dispute” includes any claim or dispute that may arise out of or in any way relates to your use of the Websites, Mobile Applications, Platform, Materials, and/or Services, including without limitation, any Dispute  based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence, or reckless behavior – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below)). “Dispute” is to be given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

You and Neko Health agree that an arbitrator must follow and be governed by this Arbitration Agreement and can only award the same damages and relief as a court could award. An arbitrator may award attorneys’ fees and costs if a court would be authorized to do so and may issue injunctive relief or declaratory relief if that relief is required or authorized by law, but that injunctive relief or declaratory relief may not extend beyond you and your dealings with us, and may not include class or collective relief.

Before pursuing arbitration, you must first give us an opportunity to resolve the Dispute informally. You agree to notify us of the Dispute by emailing us at legal@nekohealth.com the following information: (1) your name, (2) your address, (3) a written description of your Dispute, and (4) a description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, then you may pursue your Dispute in arbitration.

Notwithstanding the above, you or we may choose to pursue a Dispute in court and not by arbitration if: (a) the dispute qualifies for initiation in a court of competent jurisdiction designated as a small claims court; (b) either party files suit in a court of competent jurisdiction to address an intellectual property infringement claim; or (c) either party seeks injunctive relief in a court of competent jurisdiction.

If this Arbitration Agreement applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings.  The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator.  The arbitration shall be commenced as an individual arbitration only and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply.  In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply.  The AAA rules are available at www.adr.org or by calling 1-800-778-7879.  For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply.  The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.  You must comply with the AAA or JAMS rules, as applicable, regarding the initiation of arbitration. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules.  Under no circumstances will class action or representative procedures or rules apply to the arbitration.

Because the Service and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes.  However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, except as limited by other provisions of these Terms, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding.  The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or we may initiate arbitration in either New York or the federal judicial district that includes your billing address.

Payment of Arbitration Fees and Costs – The initiating party must pay all filing fees that the arbitration provider requires to be paid by the initiating party. Your and our responsibility to pay other administrative and arbitrator fees and costs will also be as set forth in the applicable arbitration provider’s rules, unless the arbitrator determines the claims are frivolous. If a claim is determined to be frivolous, the claimant is responsible for reimbursing the respondent for its portion of all such administrative, hearing, filing, and/or other fees incurred as a result of the frivolous claim. The arbitrator may also impose such obligation on the claimant’s attorneys. Fees, costs, and sanctions may also be awarded in the arbitration against a party of a party’s attorney as provided pursuant to applicable law. Notwithstanding the above, you may qualify for a waiver of certain arbitration costs under the arbitration provider’s rules or other applicable law. If you meet the standard for proceeding in forma pauperis in the federal judicial district that includes your billing address, cannot obtain a waiver from the arbitration provider of any filing fees you are required to pay, and the arbitration provider refuses to administer the arbitration without your payment of said fees, we will pay the filing fees for you.

You and we agree that all Disputes between you and Neko Health will be arbitrated individually, and that there will be no class, representative, or consolidated actions in arbitration. If you or we bring a claim or Dispute in small claims court, the class action waiver will apply, and neither of the parties can bring a claim on a class, representative, or consolidated basis.  Furthermore, neither you nor Neko Health may participate in a class or representative action as a class member if the class action asserts claims or Disputes that would fall within the scope of this Arbitration Agreement if they were directly asserted by you or us. Notwithstanding the foregoing, this Arbitration Agreement shall not prohibit you or us from participating solely in your individual capacity in any judgment or settlement in any litigation brought by a federal, state, or local government on behalf of you or us, excluding litigation brought by any relator or party in its capacity as a private attorney general.

We both agree that this Class Action Waiver is an essential part of our Arbitration Agreement and that, if this Class Action Waiver is found to be unenforceable by any court or arbitrator, then the entire Arbitration Agreement set forth in this section will not apply to any claim or Dispute between you and us.  This Class Action Waiver may not be severed from our Arbitration Agreement.

If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and remainder of this Arbitration Agreement and these Terms will be given full force and effect.  If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.

This Arbitration Agreement shall survive the termination of your account with us or our affiliates and your discontinued use of the Service.  Notwithstanding any provision in these Terms to the contrary, we agree that if we make any change to this Arbitration Agreement (other than a change to the Notice Address), you may reject any such change and require us to adhere to the present language in this Arbitration Agreement if a Dispute between us arises.

GENERAL.

The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.

We think direct communication resolves most issues – if we feel that you are not complying with these Terms, we will tell you.  We will even provide you with recommended necessary corrective action(s) because we value this relationship.

However, certain violations of these Terms, as determined by Us, may require immediate termination of your access to the Service without prior notice to you.  The Federal Arbitration Act, New York state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms.  Foreign laws do not apply.  Except for disputes subject to arbitration as described above, any disputes relating to these Terms or the Service will be heard in the courts located in Southern District County, New York.  If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  By choosing not to enforce any of these Terms, we are not waiving our rights.  These Terms are the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, Discussions or agreements between you and Neko about the Service.  The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at hello@nekohealth.com.

Last Updated: 15 June 2026